ILR

indefinite leave to remain (ilr)

New Immigration Rules came into force on 9 July 2012 which changed the length of time that family members must be in the UK before applying for settlement.

If you applied to come to the UK or for permission to stay here on or before 8 July 2012 and that permission was granted, you will need to be in the UK for 2 years before you can apply for settlement.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 for the 5-year family route and that permission was granted, you will need to be in the UK for 5 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for another period of 2 and a half years.

If you applied on or after 9 July 2012 to come to the UK or for permission to stay here for the 10-year family route, or for permission to stay here on the 10-year private life route and that permission was granted, you will need to be in the UK for 10 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for three more periods of 2 and a half years.

* IMPORTANT NOTE

You can lose your ILR status if individual remains out of the UK for more than 2 years on a single occasion or when it appears that an individual only spends short periods of time to retain their status and does not appear to have made the UK their main home.

You should lodge your application not more than 28 days before the completion of the qualifying period.

Disclaimer: The information provided above only provides general guidelines on Immigration Law and these rules change regularly (last updated 16 August 2012). It is highly recommended that you call our office for more in depth advice and assistance.

Marriage/Partnerships

You can apply for permission to settle in the UK (also known as ‘indefinite leave to remain’) as the husband, wife, civil partner, unmarried partner or same-sex partner of a British citizen or a person who is settled here

Dependent Relatives

You can apply for indefinite leave to remain in the UK as the dependent relative if you are a child aged under 18 of a parent, parents or a relative who is a permanent resident of the UK and currently living here or an adopted child aged under 18 of a parent or parents who are permanent residents of the UK and currently living here or aged 18 or over and a parent, grandparent, brother, sister, son or daughter of a British citizen or person settled in the UK.

5 Year Basis

You are eligible for ILR if you have spent 5 years or more in one of the following categories:

UK Ancestry

Investor

Business person

HSMP

Tier 1

Tier 2

Work Permit Holder

Writers, Composers and Artists or sole representative

Applicants must be over the age of 18 and under the age of 31.

10 Years Continuous Lawful Residence

If you have been in the UK lawfully and continuously for the last 10 you may be entitled to apply for indefinite leave to remain. For example if you have been in the UK as a student for a continuous period of ten years or if you came to the UK as a student, went to university in the UK then switched visas into a permit free category, you may be entitled to indefinite leave to remain.

20 Years Continuous Residence (With Unlawful Residence)

You may also apply for indefinite leave to remain (ILR) after 20 years continuous residence. If you have been in the UK continuously for the last 20 years and can provide official documentation (as prescribed by the Border Agency) to prove the same you can apply for indefinite leave to remain.

Domestic Violence

You may also apply for indefinite leave to remain as the victim of domestic violence. You should make your application as soon as is practicably possible after your relationship has broken down as a result of domestic violence – you should not wait until the end of your current permission to remain. It is in your interests to apply as early as possible, so that we can deal with contemporary evidence.

Bereaved Partner

The person who was the applicant’s partner at the time of the last grant of limited leave as a partner must have died.

At the time of the partner’s death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.

Discretionary Leave

You will be able to apply for indefinite leave to remain if you have been granted discretionary leave. Prior to 09 July 2012, in most cases, discretionary leave was granted for 6 years thereafter you could apply for indefinite leave to remain.

From 09 July 2012, in most cases, the grant of discretionary leave will be 10 years before you could apply for indefinite leave to remain.

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We are a firm of UK immigration solicitors regulated by the Solicitors Regulation Authority and well known for the excellence of our service. (SRA 649650) Our clients come from across the whole of the UK and indeed internationally. We support our clients with every type of UK visa application and employment for migrants in the UK. Registered with Companies House under Registration Number: 11280669.